Heritage Barn Rental Agreement
Emmanuel Church Rd Conover, North Carolina 28613
Phone: (203) 731-1532 Email: heritagebarnevents@gmail.com
This contract defines the terms and conditions under which Heritage Barn Operations LLC dba Heritage Barn, (hereafter referred to as Heritage Barn), and name specified in this form (hereafter referred to as the Client) agree to the Client’s use of the Heritage Barn facilities on date specified on this onine form(reception/event date).
Unless otherwise stipulated herein after in this Agreement, the rental period begins at 10:00 AM the day of the event and ends at midnight on the day of the event and includes 1 hour for the rehearsal at an earlier date.
This contract constitutes the entire agreement between the parties and becomes binding upon the signature of both parties. The contract may not be amended or changed unless executed in writing and signed by Heritage Barn and the Client.
The Heritage Barn event venue has been reserved for you for the date and time stipulated. Please note that the hours assigned to your event include all set-up and all clean-up, including the set-up and clean-up of all subcontractors that you may utilize.
The undersigned Client will strictly adhere to and follow the terms of this Agreement, and shall be responsible for any and all actual or consequential damages to the premises and site, including the behavior, acts, omissions or other actions of Client, guests, invitees, agents and or subcontractors resulting under this Agreement and/or from Client’s use of the venue.
Retainer and Payment Agreement
The total cost for use of the Heritage Barn and its facilities described in this contract is: described on receipt previously discussed with Client
To reserve services on the date/s requested, Heritage Barn requires this contract be signed by the Client and an initial Retainer of $1,000 to be paid.
A second payment of 50% of remaining balance is due ninety (90) days prior to the event date.
A final payment of remainder of balance is due thirty (30) days prior to the event date.
Retainers and payments will be made by cash or personal check (payable to Heritage Barn Operations LLC). A receipt from Heritage Barn will be provided for each payment. Credit Cards are accepted but a 3% processing fee is added.
A damage deposit of $500 is required and due upon signing. It will be refunded approximately two weeks following the event, if no damages are found on the property.
Reservations are on a first-come, first-served basis. Your reservation is confirmed upon receipt of your Retainer and signed rental agreement.
Final Head Count of guests must be provided to Heritage Barn no later than two weeks prior to event date. No changes will be permitted after that time.
Date Changes and Cancellation Policy
Changes: In the event the Client chooses to change the date of the event, every effort will be made by Heritage Barn to accommodate the new date. All payments made towards the original reservation will be applied to the new date unless the change request occurs within 180 days of the originally scheduled Event Date (the “Original Event”). In the event a change of date occurs within 180 days of the Original Event, all payments already made will be forfeited, and a new Retainer will be required to reserve a future date. All venue rental fees for the new date will be based upon Heritage Barn listed pricing at the time of the rescheduling.
Cancellation: To cancel your event, Heritage Barn must receive a cancellation request in writing. Cancellations will be effective immediately. Once canceled, and if not rescheduled, the Client shall be responsible for agreed liquidated damages. Any amount not returned to the Client will be considered liquidated damages and the parties agree that the liquidated damages are reasonable.
If cancellation is more than twelve (12) months prior to the event: 90% of Retainer and 100% of damage deposit will be returned.
If cancellation is less than twelve (12) and more than eight (8) months prior to the event: 50% of Retainer and 100% of damage deposit will be returned.
If cancellation is less than eight (8) months prior to the event: only damage deposit will be returned.
CONDITIONS of USE
Renter’s activities during the Rental Period must be compatible with use of the building/grounds and activities in areas adjacent to the Rental Space and building. This includes but is not limited to playing loud music or making any noise at a level that is not reasonable under the circumstances. Smoking is not permitted anywhere in the buildings. The Rental Space must be cleaned and returned in a condition at the end of an event to a reasonable appearance as it was prior to the rental. Heritage Barn will empty and dispose of trash.
EVENT SET-UP LIMITATIONS
All property belonging to Client, Client’s invitees, guests, agents and subcontractors, and all equipment shall be delivered, set-up and removed on the day of the event. Should the Client need earlier access for set-up purposes, this can be arranged for an additional fee. The Client is ultimately responsible for property belonging to the Client’s invitees, guests, agents and subcontractors.
Rental items must be scheduled for pick-up no later than 12-midnight (unless other arrangements have been approved).
Alcohol service must stop no later than 10:00 PM.
Music (DJ or live music) must stop no later than 11:00 PM. Heritage Barn does not permit “LAST CALLS”.
All guests must be off the Heritage Barn premises no later than 11:00 PM the day of the event (except the clean-up crew, with all clean-up to be done by 12:00 am).
SITE VENDORS
The Client is responsible for their catering orders. Clients may select their caterer of choice.
Use of the caterer’s kitchen is included in the rental. The caterer’s kitchen includes a commercial refrigerator, ice machine, sink, microwave, and counter space.
Your catering company is responsible for the set-up, break-down and clean-up of the catered site. Please allow appropriate time for break-down and clean-up to meet the contracted timelines.
ALL vendors must adhere to the terms of our guidelines, and it is the Client’s responsibility to share these guidelines with them.
No vendor is permitted to consume alcohol.
WEDDING CEREMONIES
Client is responsible for providing ceremony coordinator, officiate, ceremony music and sound system.
WEDDING REHEARSAL
Rehearsals may be held on-site. The date and time are to be coordinated with and approved by Megan Schneiber.
RESPONSIBILITY AND SECURITY
Heritage Barn does not accept any responsibility for damage to or loss of any articles or property left at Heritage Barn prior to, during or after the event. The Client agrees to be responsible for any damage done to the Heritage Barn Complex by the Client’s guests, invitees, employees, or other agents under the Client’s control. Further, Heritage Barn shall not be liable for any loss, damage or injury of any kind or character to any person or property caused by or arising from an act or omission of the Client, or any of his guests, invitees, employees or other agents from any accident or casualty occasioned by the failure of the Client to maintain the premises in a safe condition or arising from any other cause. The Client, as a material part of the consideration of this agreement, hereby waives on its behalf all claims and demands against Heritage Barn for any such loss, damage, or injury of claims and demands against Heritage Barn for any such loss, damage, or injury of the Client, and hereby agrees to indemnify and hold Heritage Barn free and harmless from all liability of any such loss, damage or injury to persons, and from all costs and expenses arising there from, including but not limited to attorney fees.
CLEAN-UP
Client shall be responsible for returning the Venue (and site if applicable) to the condition in which it was provided to them. All property belonging to Client, Client’s invitees, guests, agents and subcontractors, shall be removed by the end of the rental period. All property remaining on the premises beyond the end of the rental agreement will be removed by Heritage Barn at Heritage Barn’s cost. Should the Client need special consideration for the removal of property beyond the rental period, this can be arranged prior to the beginning of the event for an additional fee. Heritage Barn is not responsible for any property left behind by Client, Client’s guests, invitees, agents and subcontractors.
The Client is responsible for any and all damages to Heritage Barn Venues and the surrounding site. It is the Client’s responsibility to remove all decorations and return Venue to the condition in which it was received.
ALCOHOLIC BEVERAGES
For any event providing Alcohol a licensed and insured bartender is required. Open bars where guests serve themselves are not allowed.
BAR RULES AND REGULATIONS
Client has read, understands, and has had the ability to ask questions about the alcohol policy attached herein.
Under NO circumstances shall Client sell or attempt to sell any Alcohol to anyone.
Client shall not permit any person under the age of twenty-one (21) to consume alcohol regardless of whether or not the person is accompanied by a parent or guardian.
Client hereby agrees to use their best efforts to ensure that Alcohol will not be served to anyone who is intoxicated or appears to be intoxicated.
Client hereby expressly grants to Heritage Barn, at Heritage Barn’s sole discretion and option, to remove any person(s) from the Venue, if in the opinion of the Heritage Barn representative in charge, the licensed and bonded Bartender and/or the security officer(s) the person(s) is intoxicated, unruly or could present a danger to themselves or others, and/or the Venue.
Client hereby agrees to be liable and responsible for all acts and actions of every kind and nature for each and every person in attendance at Client’s function or event.
INCLUDED AMENITIES
Standard tables, chairs, and linens are provided as part of the Heritage Barn rental agreement, unless noted otherwise. Additional amenities may be outlined as provided or included in the Notes section of this agreement.
EXCUSE OF PERFORMANCE (Force Majeure)
Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder. Should the event be canceled through a Force Majeure event, Heritage Barn will make reasonable accommodations and allow for the event to be rescheduled, pending availability, with no penalty, and there shall be no further fees paid by Client. In such circumstances the event cannot be rescheduled, the Client shall forfeit all deposits made to Heritage Barn.
INDEMNITY AND HOLD HARMLESS
Client hereby covenants and agrees to release, indemnify, defend, save and hold harmless Heritage Barn Operations, LLC and Dasher Enterprises, LLC and their owners, members, agents and employees from and against any and all loss, cost (including attorneys’ fees), damage, expense, and liability (including statutory liability and liability under workers’ compensation laws) in connection with claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings, arising out of any act of neglect by Client, its agents, employees, contractors, clients, invitees, representatives, in, on or about the Venue. This indemnity shall survive the termination of this Agreement. Client hereby releases Heritage Barn Operations, LLC and Dasher Enterprises, LLC from any and all liability or responsibility to Client or anyone claiming through or under Client by way of subrogation or otherwise for any loss or damage to equipment or property of Client covered by any insurance then in force.
Owner and Client agree that should any state, federal, county or city authority or agency charged with the enforcement thereof, find Client's use of the Venue to be in or constitute a violation of any state, federal, county or city law, ordinance or regulation pertaining to environmental protection, occupational safety and health, fire or safety, Client agrees to indemnify, save and hold Owner harmless from and against any claim or demand and cure such violation in Client's use of the Venue.
In addition, Client assumes all the risks of participating in the activities or events described herein in this Agreement, (“Activity or Event”), including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property, maintained, or controlled by them, or because of their possible liability without fault. Client warrants that Client has no health-related reasons or problems which preclude my participation in this activity or event. Client hereby consents to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity or event.
The above accident waiver and release of liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
SEVERABILITY
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
REQUIRED INSURANCE
Renter shall obtain general liability insurance covering the day of the event through our event insurance partner, Nuptial. No exceptions or substitutions are permitted. This shall include alcohol liability as well at all events. A certificate of insurance naming Heritage Barn Operations, LLC, Dasher Enterprises, LLC and their respective owners, officers, managers, agents, and employees as an additional insured with waiver of subrogation and primary non-contributory endorsement is required at least 30 business days before the day of the event.
All Vendors working at Heritage Barn shall carry and maintain in full force and effect the following: general liability insurance at $1,000,000 per occurrence / $2,000,000 general aggregate AND statutory minimum employers liability, where required by the State of North Carolina. General liability carrier shall name Heritage Barn Operations, LLC and Dasher Enterprises, LLC as an additional insured showing the required insurance is in place. It is the responsibility of Renters to ensure all Vendors maintain the required coverage.
Notwithstanding the requirement for such insurance, the vendors and Renters shall be required to also hold harmless, indemnify, and defend Heritage Barn Operations, LLC and Dasher Enterprises, LLC to the maximum extent allowed by law, from any and all liability arising from Vendors’ use of Dasher Enterprises, LLC’s facilities, including the payment of Dasher Enterprises, LLC’s reasonable attorney’s fees and costs incurred in defense of any actual or alleged liability.
RESERVATION OF RIGHTS
Heritage Barn reserves the right to cancel agreements for non-payment or for non-compliance with any of the Rules and Conditions of Usage set forth in the Agreement. The rights of Heritage Barn as set-forth in this Agreement are in addition to any rights or remedies which may be available to Heritage Barn at law or equity.
JURISDICTION
The Parties agree that this Agreement will be governed by the laws of the State of North Carolina. The Parties consent to the exclusive jurisdiction of and venue in Catawba County, North Carolina and the parties expressly consent to personal and subject matter jurisdiction and venue in said Courts. Client agrees to pay reasonable attorney’s fees incurred by Heritage Barn associated with any breach of this Agreement.
DISPUTE RESOLUTION
THE PARTIES TO THIS AGREEMENT HEREBY AGREE THAT ALL DISPUTES, CONTROVERSIES OR CLAIMS OF ANY KIND AND NATURE BETWEEN THEM, ARISING OUT OF OR IN ANY WAY RELATED TO THE WITHIN AGREEMENT, ITS INTERPRETATION, PERFORMANCE OR BREACH, SHALL BE RESOLVED EXCLUSIVELY BY THE FOLLOWING DISPUTE RESOLUTION MECHANISMS:
Mediation — The parties agree first to engage in mediation pursuant to the American Arbitration Association Commercial Mediation Rules, or such other mediation rule as the parties may otherwise agree to choose. The cost of mediation shall be borne equally between the parties, employing a mutually agreed upon, recognized Catawba, North Carolina professional mediator.
Arbitration — Should the above-stated mediation be unsuccessful, the parties agree to arbitrate any such controversy or claim with the express understanding that this Agreement is affected by interstate commerce in that the goods and services which are the subject matter of this Agreement, pass through interstate commerce. Such arbitration shall be conducted as follows:
(1) Arbitration to be conducted by an Arbitration Administrator. The party seeking arbitration shall select one of the following two arbitration administrators: National Arbitration Forum or National Arbitration and Mediation. Except as modified hereby, the arbitration shall be conducted according to the rules and procedures of the selected Administrator. We will obtain a copy of the Administrator’s rules and procedures for you at your request.
(2) Costs of Arbitration. The party initiating the arbitration shall pay the initial filing fee. Each party shall pay its own attorney’s fees or expert witness fees, unless the arbitrator, as a part of the arbitration award, requires one party to pay all of the costs of arbitration in accordance with the terms of any substantive law governing the claims which are subject to arbitration. The arbitrator is not permitted to assess attorney’s fees or expert witness fees unless the applicable substantive law permits such an award. The arbitrator may assess other fees associated with the arbitration as provided by the arbitration company’s rules.
(3) Law Applicable to Arbitration Proceedings. The arbitrator is required to follow all substantive law applicable to any dispute, including, without limitation, the applicable statute of limitations. The arbitrator will be bound by the Federal Rules of Evidence, and must respect any applicable attorney-client privilege, attorney work-product privilege, and any other applicable privilege. The arbitrator is required to issue a written decision setting forth the decision and the reasons for that decision. The arbitrator’s decision will be final, binding, and enforceable in any court of competent jurisdiction.
THE PARTIES UNDERSTAND AND AGREE THAT (i) EACH OF THEM IS WAIVING RIGHTS TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL; (ii) PRE-ARBITRATION DISCOVERY IN ARBITRATION PROCEEDINGS IS GENERALLY MORE LIMITED THAN AND DIFFERENT FROM COURT PROCEEDINGS; AND (iii) EITHER PARTY’S RIGHT TO APPEAL OR TO SEEK MODIFICATION OF RULINGS BY THE ARBITRATORS, IS STRICTLY LIMITED. THE VENUE FOR MEDIATION AND/OR ARBITRATION UNDER THIS PARAGRAPH SHALL BE IN THE COUNTY OF Catawba, STATE OF North Carolina.
COMMUNICATION AND CLIENT REPRESENTATIVE
All communications must be conducted via email with Heritage Barn to insure accuracy, consistency and quality of the Event. Emails will be returned as soon as possible within our regular office hours. Any modifications to this Agreement, and the services to be provided hereunder shall only be binding upon the parties if in writing and signed by both parties. Client’s designated person assigned to make event decisions is hereby designated by the Client as its representative with authority to make changes to this Agreement on behalf of Client; and, no changes requested by other persons shall be considered without the foregoing written confirmation.
IMPROVEMENTS PRIOR TO EVENT DAY
Client acknowledges and understands that Heritage Barn may make changes, repairs, renovations, and improvements to the grounds, buildings and accommodations prior to the Event.
GENERAL TERMS AND CONDITIONS
Client agrees that Heritage Barn’s employees, staff and agents, may enter and exit the Facilities during the Event, as well as at other times when the Facilities are being used. An Heritage Barn representative will be on the premises during the course of the Event, and will be checking periodically with the Responsible Person or their designee to ensure that the Event is running smoothly. The representative will also be available to answer questions or address any concerns or needs that arise during the course of the Event. Please notify the Heritage Barn representative of any questions or concerns that may arise during the rental period.
ENTIRE AGREEMENT
This Event Venue Rental Agreement constitutes the entire contract between Client and Heritage Barn, and there are no other promises or conditions in any other agreement whether oral or written. This Agreement shall not be modified except by written instrument signed by both parties. This Agreement shall be construed, interpreted and enforced according to the laws of the State of North Carolina, with the venue for all actions being the circuit or county court of Catawba County, North Carolina.
NO WAIVER OF CONTRACTUAL RIGHT
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
RESERVATION PROCESS
A rental contract must be signed, all pages initialed, as well as appropriate deposits submitted in order to confirm utilization of Heritage Barn. The Rules and Conditions for Usage are incorporated herein and are made a part hereof.
The Client acknowledges reading this Agreement in its entirety and having the opportunity to ask questions. Client further acknowledges understanding the contents of this Agreement and agrees that its terms and conditions are fair and reasonable. There are no other agreements, promises, or conditions, whether written or oral between the Client and Heritage Barn.
Client understands that Client is entering into a legal and binding contract for event venue rental. Client understands the requirements of this Agreement, concerning the Event to be held. Client agrees to ensure that Client Parties will abide by the terms of this Agreement, and that it is Client’s responsibility to inform all Client Parties that they must also conform to the requirements of this Agreement.
RULES AND CONDITIONS FOR USAGE
CANDLES: The use of any type of flame is prohibited in all buildings and throughout the site. Flameless candles which are battery operated are permitted for use.
CHILDREN: There have been times we have had guests at the complex whose children were not properly supervised. Children under the age of 18 are your complete responsibility. Please know where your children are at all times.
PLEASE RESPECT NATURE! We would greatly appreciate it if persons do not disturb plants, rocks, trees or other natural gifts. Please do not nail anything to trees or hang any ropes, swings or hammocks from tree limbs. Please do not walk or step in flower beds.
DELIVERIES / DELIVERY TRUCKS: There is a size limit to the height and length of vehicles entering the complex due to the damage inflicted to our trees. Please coordinate limits with us. We will need to know the delivery dates and times of any rentals, so we can meet them and show them where to drop their rentals.
DECORATIONS: Only Scotch brand wall mounting tabs or drafting tape may be used to affix decorations and/or signs. Any other decorations, signage, electrical configurations or construction must be pre-approved by Heritage Barn.
Decorations may not be hung from light fixtures. All decorations must be removed without leaving damages directly following the departure of the last guest, unless special arrangements have been made between the Client(s) and the venue.
Note – The only adhesive material allowed on the walls is Scotch brand wall mounting tabs or drafting tape which will not damage surfaces. No masking tape, duct tape, electrical tape, transparent tape or double stick tape is allowed. All other decorations must be freestanding. Nails and staples are not permitted at any location.
ALL DECORATIONS MUST BE APPROVED BY Heritage Barn.
EVENT ENDING TIME: All events must end by 11:00 PM(All Guests have vacated the premises) to comply with Catawba County sound ordinances and in order to allow for clean-up and closure of the site by 12:00 AM.
FIREARMS: No Firearms are allowed except for licensed security guards that are approved by Heritage Barn.
FIREWORKS: No Fireworks are allowed. Sparklers are permitted in designated outdoor areas, with prior approval.
FURNISHINGS: Furnishings belonging to Heritage Barn are not to be removed from the premises for any reason.
ACCESSIBLE ACCOMMODATIONS: We provide level-designated parking, ramped walkways throughout the property along with suitable restroom facilities. Motorized and transport chairs can easily navigate the grounds.
MUSIC AND ENTERTAINMENT: Due to the proximity of the Heritage Barn to the local neighborhoods, sound considerations are a concern. Although music (both live and recorded) is permitted, the music must be contained at an acceptable sound level so as not to disturb the local surrounding area. The Heritage Barn event coordinator will help to establish acceptable sound levels. Any complaints from neighbors or other parties may require the levels to be reduced further. Heritage Barn reserves the right to require Client to cease the music it deems inappropriate, in its sole discretion. Heritage Barn also reserves the right to require the Client to lower the sound level or cease playing music, in its sole discretion. All DJ’s and Bands and their contact information should be submitted sixty (60) days prior to the event. All music must be off by 10:00 PM.
PARKING: Parking is available at the designated areas of the complex (gravel and grass areas). Handicap accessible parking spaces are provided at the posted areas. Parking is not permitted on the main street or on any access drive to a venue building. Heritage Barn is not responsible for theft, damage, or any valuables left in vehicles on the premises. ** No vehicles may be left overnight on the premises without prior approval**
PHOTOGRAPHY: The many natural settings around Heritage Barn were maintained and developed for the enjoyment of all events. All times for utilization of different areas at Heritage Barn will be coordinated with the staff. We also reserve the right to use any photographs or other media reproductions of an event in our publicity and advertising materials.
RENTAL SPACE CHANGES: Any contents or furniture movement must be pre-approved by Heritage Barn. It is the Client’s responsibility to restore all areas to their original appearance. Placements of tables, tents, live music, catering equipment, etc., must also be approved by the Heritage Barn planning staff.
SIGNAGE: You may post your group’s sign or hang balloons at the front entrance on Emmanuel Church Rd, but please do NOT attach anything to or cover up our entrance sign.
SMOKING: No smoking or vaping is allowed inside the Venue. There is one designated smoking area outside on the porch.
SECURITY: Security guard/s must be present for all events where Alcohol is served. Heritage Barn will provide and arrange for security officers as needed. The Client will pay Heritage Barn $30/hr for each security officer unless already included in the event package selected.
TABLES AND CHAIRS: Heritage Barn has various tables and chairs that are included in the rental. If you would like a different style, third party rentals are allowed at clients expense with approved insurance with Heritage Barn named as additional insured.
VENDORS: All Vendors must be registered with and provide Insurance certificates to Heritage Barn prior to them working on the premises. We have separate vendor rules that must be signed off on by individual vendors acknowledging our rules.
WEATHER: The weather is always unpredictable. In the event of inclement weather, the barn may be used for the ceremony. If an event is cancelled due to inclement weather, Heritage Barn will make every reasonable effort to reschedule the cancelled event. Heritage Barn shall not be held liable for losses incurred by the Client due to cancellation.
LOGISTICAL PLANS: The Heritage Barn planning team must review and approve all proposed logistical plans for the use of the premises a minimum of thirty (30) days prior to an event.